Prisons – ‘Help’ button – FTCA

Where the plaintiff prisoner brings a claim for negligence against the United States under the Federal Tort Claims Act, alleging that he was assaulted by another inmate while in custody and that the correctional officer on duty failed to respond to the “help” button and his calls for help, the United States is not entitled to dismissal at this time because the court cannot determine from the face of the complaint alone whether the discretionary function exception applies to the plaintiff’s claim.